Helping a client in own time

Madbags

Hi


I just had a meeting with my office manager.


They have found out that I went to a clients while I was on annual leave to assist him with something relating to the payroll.


It was meant to be a personal favour from me to him as I felt guilty that his systems were'nt working the way that was intended when I went there during working hours and I didn't really want him to be charged more time by my company.


When I arrived the problems had apparently fixed themsevles and I wasn't required to do anything except stand and watch to see that they were so no work was actually undertaken.


However the business owner proceeded to stuff £20 in my pocket just for turning up, to which I tried to give back several times and he wouldn't have any of it. He said "just buy yourself some beers for your holiday". In the end I gave up and took it.


This was not a business transaction and I was not there on behalf of my employer or in any official capacity.


I have looked through my employment contract and aside from the clause stating I should not be employed by anyone else at the same time or have any financial interests in any other business without prior approval I can't see anything stopping me from doing what I did.


Question is, has anyone ever experienced anything like this and what was the outcome? I'm very worried about this and what they may do, I can live with a warning but not gross misconduct.


I am not in a union, I work as a payroll administrator for an accountancy. also I have been employed more than 2 years.


Thanks

jobbingmusician

Oh dear.

I do appreciate that you were acting from honourable motives. However, I am going to list what you might be guilty of from your employer's POV, so that you know what you need to argue against.

1. 'It was meant to be a personal favour from me to him as I felt guilty that his systems were'nt working the way that was intended when I went there during working hours and I didn't really want him to be charged more time by my company.'

This could be interpreted as stealing potential income from your company. I think it would be relatively easy to defend yourself, saying that you were not happy with your own original work/worried that you might have made an error and wanted to ensure the customer got best value from your employer.

2. 'When I arrived the problems had apparently fixed themsevles and I wasn't required to do anything except stand and watch to see that they were so no work was actually undertaken'

So why did you stay, if it wasn't to check things were running OK? Isn't that work? Of course it is. I wouldn't make this argument (about not doing any work).

3. [summarised] 'I accepted money from the client'. Are there any policies about accepting gifts from clients? What do they say? Did you report receiving this money?

I am probably biased, coming from the voluntary sector, but this would be seen as the most serious issue by my employers (altho I accept that £20 isn't very much.) I would apologise for not reporting it (assuming that you didn't) and stress that the client made it impossible not to accept this money.

I may be wrong about my prioritsation of these issues - obviously I haven't read your company's policies. Is there anything in your company handbook/policies which specifically forbids contacting clients in your own time, for example?

Malthusian

What was the outcome of the meeting?

It wasn't a great idea to go out and help them in your own time. Imagine if clients started expecting your business to send out employees to fix problems in their free time for free if they didn't work perfectly first time around. The issue may have been with the client's systems in which case it would be something that they should have been billed for.

Accepting the £20 was an even worse idea. I wouldn't for a moment try to claim that you had no option - you could have placed it on the nearest desk and walked out.

If your employer decides that you're going out to their clients and undercutting them by offering to fix issues for cash in hand, bypassing the employer and splitting the difference, then that's clear gross misconduct. Hopefully they accept that this was a one-off lapse of judgement and it will be a case of a slap on the wrist and don't do it again.

I have looked through my employment contract and aside from the clause stating I should not be employed by anyone else at the same time or have any financial interests in any other business without prior approval I can't see anything stopping me from doing what I did.

This statement is a bit like saying "apart from the Theft Act I can't see anything stopping me from nicking the old lady's handbag". You went to a client's premises in your free time, you did some work that should have been done on behalf of your employer, you accepted £20. If you were making a habit of this, it would amount to moonlighting as a self-employed contractor and clearly qualifies as "financial interests in any other business".

Don't try to pursue this line of argument with them as it's hopeless. No employer in the world would put up with its employees doing work for their clients on the side and undercutting the employer, regardless of how badly they drafted their employment contracts. Your best defence is the fact that it was a one-off incident (assuming it was) and that you were only trying to keep the client happy.

sangie595

I would agree, and if the employer was so minded they could easily construct gross misconduct out of this. It was a very poor judgement call, and you need to acknowledge that to the employer, albeit you may have had good intentions. Think about it. Would you have been able to be standing there doing this in that location had you not worked for your employer? The answer is obviously not - this is an "introduction" that is based solely on your employment, and so it isn't really a favour - it's undercutting your employers business. And the fact there was no work to do doesn't matter - if there had been you would have done it, because that is what toy went there for. If the employer isn't livid, you are lucky. If they are you really need to diffuse the situation by being very sorry and emphasizing that you meant this only as a demonstration of your commitment to the companies high standards of workmanship.

Madbags

Thank you both for your replies.


Yes it was a one off and keeping the client happy was all I had in mind.


I can see now how stupid an idea it was even with the best intentions.


I just hope my employer sees it that way.

Madbags

sangie595 wrote: »

I would agree, and if the employer was so minded they could easily construct gross misconduct out of this. It was a very poor judgement call, and you need to acknowledge that to the employer, albeit you may have had good intentions. Think about it. Would you have been able to be standing there doing this in that location had you not worked for your employer? The answer is obviously not - this is an "introduction" that is based solely on your employment, and so it isn't really a favour - it's undercutting your employers business. And the fact there was no work to do doesn't matter - if there had been you would have done it, because that is what toy went there for. If the employer isn't livid, you are lucky. If they are you really need to diffuse the situation by being very sorry and emphasizing that you meant this only as a demonstration of your commitment to the companies high standards of workmanship.

Thank you Sangie.


Like I said I can only hope that my employer understands my reasons for doing it and doesn't go down the gross misconduct route.


I have never had any problems in the past and our clients have always been extremely complimentary of my work to the directors etc. I hope that this will have some affect on their decision.


At the moment I have only met with the office manager who asked me some questions about it. Nothing else yet this was only this morning.

getmore4less

How did you come to find out there were problems, is it normal for clients to contact people not at/through the normal places of work(eg. you are sometimes on call).


I better approach would have been to call the boss and say client has has highlighted an issue(you may be responsible for etc) I am not doing anything do you want me to call in and check it out.....

or similar.

TELLIT01

Gross misconduct for bringing your company into disrepute is a possibility. Attending a customer's premises in your own time to sort out a problem suggests that you felt your employer wasn't doing their job properly. I can see that wouldn't go down well.
I accept that you did it with the best of intentions, I just hope your employer sees it the same way.

Ozzuk

A bit late now but you could have spun this as helping the company and being seen as going above and beyond. But taking the £20 throws a totally different light on it.

Admit the mistake, say you were trying to do the right thing and didn't want the money, give it to charity etc and hope they see it as an honest error in judgement.

Madbags

Just an update for you.


Today I was given a full and final warning - 12 months.


Probably the best outcome I could have hoped for.


Thank you all again.

PasturesNew

You compromised the client/supplier relationship of your employer, to his financial detriment.

... and you got away with it. You lucky, lucky b4st4rd.

Don't do it again (get caught I mean).